Minutes of the meeting of the Maine Criminal Justice ...



Minutes of the meeting of the Maine Criminal Justice Academy Board of Trustees held at the Maine Criminal Justice Academy Board Room on Friday, May 11, 2012.

Board Members Attending: Board Members Excused:

Deputy Chief Amy Berry – Vice Chair Sheriff James Madore

Colonel Robert Williams D.A. Geoffrey Rushlau

Commissioner John Morris Attorney Thomas Peters II

Mr. Richard Davis

Director Gary LaPlante

Chief Bradley Paul

Det. Lincoln Ryder

Mr. Levon Travis

Ms. Elizabeth Ward Saxl

Ms. Linda Smithers

Chairman Brian MacMaster

Ms. Roberta Tibbetts

Major Gregg Sanborn, Maine Warden Service for Col. Joel Wilkinson

Mr. Linwood Carman

Participants:

Mr. Eric Parker, Asst. Director

AAG Dennis Smith

Guests:

Officer Brent Abbott, Portland Police Department

Officer David Hemond, Portland Police Department

Sgt. Steven Reece, Portland Police Department

Captain Timothy Kortes, York County Jail

Chief Deputy Mathew Baker, York County Sheriff’s Office

Officer Casey Dugas, Fairfield Police Department

Item One on the Agenda: Call to Order

Chairman MacMaster called the meeting to order at 9:00 a.m.

Item Two on the Agenda: Roll Call and Introduction of Board Members

Chairman MacMaster asked the Board Clerk to conduct a roll call.

Chairman MacMaster noted a quorum was present.

The Board members introduced themselves for the benefit of guests attending the meeting.

Item Three on the Agenda: Minutes of the Previous Meeting

MOTION: To accept the minutes of the March 2012 Board of Trustees meeting and to be placed on file with the secretary.

Moved by Ms. Roberta Tibbetts and seconded by Chief Bradley Paul.

Motion carried.

Item Four on the Agenda: Certifications

A. Basic Law Enforcement Training Program Waiver Requests:

Asst. Dir. Eric Parker presented a request for the following officer to receive a waiver of the Basic Law Enforcement Training Program.

1. Officer David Hemond Jr. – Portland Police Department.

MOTION: To approve the above-listed officer for BLETP waiver.

Moved by Chief Bradley Paul and seconded by Ms. Roberta Tibbetts.

Motion carried.

B. Basic Law Enforcement Training Program Extension Requests:

None at this time.

C. Basic Corrections Training Program Extension Requests:

Asst. Dir. Eric Parker presented a request for the following officer to receive an extension of the Basic Corrections Training Program.

1. Officer Timothy Kortes – York County Jail

MOTION: To approve the above-listed officer for extension of the Basic Corrections Training Program.

Moved by Det. Lincoln Ryder and seconded by Mr. Richard Davis.

Motion carried.

D. Chaplain Certification Requests:

Asst. Dir. Eric Parker presented a request for the following officers to receive Chaplain Certification:

1. David Brennan – South Portland Police Department

2. Richard Catalano – Knox County Sheriff’s Office

3. Ned Crockett – Winthrop Police Department

4. Wayne Denny – Winslow Police Department

5. Gregory Dube – Maine Chiefs of Police Association

6. Paul Dunfee – Mountain View Youth Development Center

7. Kevan Fortier – Knox County Sheriffs Office

8. Walter Foster – Maine State Prison

9. Carolyn Lambert – Kennebunk Police Department

10. Stanley Moody – Monmouth Police Department

11. Chris Pomerleau – Lewiston Police Department

12. Benjamin Redman – Washington County Sheriff’s Office

13. Marian Zimmerman – Maine Correctional Center

MOTION: To approve the above-listed officers for Chaplain Certification.

Moved by Chief Bradley Paul and seconded by Ms. Roberta Tibbetts.

Motion carried.

E. K-9 Patrol Team Certification Requests:

Asst. Dir. Eric Parker presented a request for the following officers to receive K-9 Patrol Team Certification, pending the June 8, 2012 successful completion of K-9 Patrol Team course:

1. Deputy Christopher Chase & K-9 Abbie – Franklin County Sheriff’s Office

2. Deputy George Neagle III & K-9 Draco – Kennebec County Sheriff’s Office

3. Colt Sleaster & K-9 T.J. – Maine State Prison

4. John Kyle Sylvester & K-9 Gunner – Maine State Prison

5. Shawn Porter & K-9 Thunder – Maine State Police

6. David Rackliffe & K-9 Justice – Franklin County Sheriff’s Office

7. Alfred Winslow & K-9 Paco – Cumberland County Sheriff’s Office

8. Chad Fuller & K-9 Gleni – Maine State Police

9. Joshua D’Angelo & K-9 Junior – Maine State Police

10. Ian Alexander & K–9 Brix – Sagadahoc County Sheriff’s Office

11. Jerome Carr & K–9 Zarro – Maine State Police

12. Adam Fillebrown & K-9 Aros – Maine State Police

13. Philip Robinson & K-9 Roxie – Westbrook Police Department

14. Joseph Salisbury & K-9 Tyson – Maine Correctional Center

15. Matthew Williams & K-9 Landy – Maine State Police

16. Benjamin Macisso & K-9 Ralf – South Portland Police Department

17. Daniel Pelkey & K-9 Hoki - North Berwick Police Department

MOTION: To approve the above-listed officers for K-9 Patrol Team Certification.

Moved by Ms. Linda Smithers and seconded by Ms. Roberta Tibbetts.

Motion carried.

F. K-9 Detector Team Trainer Certification Requests:

Asst. Dir. Eric Parker presented a request for the following officer to receive K-9 Detector Team Trainer Certification:

1. Officer Robert Angelo – Bangor Police Department

MOTION: To approve the above-listed officer for K-9 Detector Team Trainer Certification.

Moved by Mr. Linwood Carman and seconded by Commissioner John Morris.

Motion carried.

G. Advanced Law Enforcement Officer Certification Request:

Asst. Dir. Eric Parker presented a request for the following officer to receive Advanced Law Enforcement Officer Certification:

1. Officer Kenneth Tabor – Winthrop Police Department

MOTION: To approve the above-listed officer for Advanced Law Enforcement Officer

Certification.

Moved by Ms. Roberta Tibbetts and seconded by Det. Lincoln Ryder.

Motion carried.

H. Intermediate Certification Requests:

Asst. Dir. Eric Parker presented a request for the following officers to receive Intermediate Certification:

1. Sergeant Richard Billian Jr. – Wilton Police Department

MOTION: To approve the above-listed officer for Intermediate Certification.

Moved by Mr. Richard Davis and seconded by Det. Lincoln Ryder.

Motion carried.

2. Officer Jeffrey F. Campbell – Norway Police Department

MOTION: To approve the above-listed officer for Intermediate Certification.

Moved by Chief Bradley Paul and seconded by Mr. Levon Travis.

Motion carried.

3. Officer James Farrenkopf – Westbrook Police Department.

MOTION: To approve the above-listed officer for Intermediate Certification.

Moved by Det. Lincoln Ryder and seconded by Mr. Richard Davis.

Motion carried.

I. Instructor Certification Requests:

Asst. Dir. Eric Parker presented a request for the following officers to receive Instructor Certification:

1. Shane A. Blakely – Maine State Prison

2. Gary A. Decker – Bangor Police Department

3. Andrew L. Feeney – Cumberland County Sheriff’s Office

4. Ryan E. Fitch – Old Town Police Department

5. Andrew A. Foss – Maine State Police

6. Ashley E. Griffin – Saco Police Department

7. Jason T. Hafner – Kennebunkport Police Department

8. Jake J. Hall – South Portland Police Department

9. Nova L. Hirsch – Maine State Prison

10. Matthew N. Johnson – Auburn Police Department

11. Alexander I. Jones – Kennebec County Jail

12. Michelle McLaughlan – Maine Correctional Center

13. Jason J. Moffitt – Brewer Police Department

14. Kevin M. Sager – South Portland Police Department

15. Jillian M. St. Pierre – Kennebec County Jail

16. Dana E. Wessling – Monmouth Police Department

MOTION: To approve the above-listed officers for Certified Instructor Certification.

Moved by Chief Bradley Paul and seconded by Det. Lincoln Ryder.

Motion carried.

J. Crash Reconstruction Specialist Certification Requests:

None at this time.

K. Firearms Instructor Certification Requests:

Asst. Dir. Parker presented a request for the following officers to receive Firearms Instructor Certification:

1. Rustin Ames – Maine Marine Patrol

2. Jason Butterfield – University of Maine Police Department

3. Michael Bresett – Van Buren Police Department

4. Benson Eyles – Hampden Police Department

5. Ryan Fitch – Old Town Police Department

6. Adam Garland – Richmond Police Department

7. Thomas Gould – Livermore Falls Police Department

8. Jake Hall – South Portland Police Department

9. Matthew Johnson – Auburn Police Department

10. Jason McClure – Kennebunk Police Department

11. Steven McDonald – Wells Police Department

12. Jason Moffitt – Brewer Police Department

13. Jonah O’Roak – Maine State Police

14. Scott Ouellette – Saco Police Department

15. Christopher Rhinhart – Carrabassett Valley Police Department

16. Andrew Seavey - Baileyville Police Department

17. Michael Sprague – Knox County Sheriff’s Office

18. Allen Weaver - Camden Police Department

19. Sheena Boone – Somerset County Jail

20. Gary Decker – Bangor Police Department

21. Brandon Vafiades – Bangor Police Department

MOTION: To approve the above-listed officers for Firearms Instructor Certification.

Moved by Chief Bradley Paul and seconded by Ms. Linda Smithers.

Motion carried.

L. Course Certification Requests:

Asst. Dir. Eric Parker presented a request for the following to receive Course Certification:

1. Sovereign Citizens (2012 Mandatory Law Enforcement Training Topic)

MOTION: To approve the above-listed training for Course Certification.

Moved by Ms. Roberta Tibbetts and seconded by Elizabeth Ward Saxl.

Motion carried.

2. Security Threat Groups (2012 Mandatory Corrections Training Topic)

MOTION: To approve the above-listed training for Course Certification.

Moved by Ms. Roberta Tibbetts and seconded by Det. Lincoln Ryder.

Motion carried.

3. Drug Awareness (2012 Mandatory Corrections Training Topic)

MOTION: To approve the above-listed training for Course Certification.

Moved by Mr. Richard Davis and seconded by Vice-Chair Amy Berry.

Motion carried.

4. Technology for Teachers

MOTION: To approve the above-listed training for Course Certification.

Moved by Ms. Linda Smithers and seconded by Mr. Levon Travis.

Motion carried.

Item Five on the Agenda: Criminal Convictions/Conduct Waiver Requests

1. In the matter of Randall E. Carl:

MOTION: To revoke the corrections certification of Randall E. Carl.

Moved by Chief Bradley Paul and seconded by Ms. Linda Smithers.

Motion carried.

Director Gary LaPlante abstained from the vote.

2. In the matter of Corey A. Robinson:

MOTION: To revoke the corrections certification of Corey A. Robinson.

Moved by Ms. Linda Smithers and seconded by Chief Bradley Paul.

Motion carried.

Director Gary LaPlante and Col. Robert Williams abstained from the vote.

3. In the matter of Gregory Vrooman:

MOTION: To revoke the Law Enforcement certification of Gregory Vrooman.

Moved by Ms. Elizabeth Saxl Ward and seconded by Det. Lincoln Ryder.

Motion carried.

Mr. Levon Travis and Col. Robert Williams abstained from the vote.

Item Six on the Agenda: Committee Reports

A. Complaint Committee: Ms. Linda Smithers

Ms. Smithers said the committee has met twice since the last Board meeting and has completed Policy # 4 for review by the Board members. She also stated there are cases slated for discussion in executive session today.

B. Administrative Rules Committee: Vice-chair Amy Berry

Vice-chair Berry stated there is no report for today’s meeting.

C. Law Enforcement Training Committee: Ms. Linda Smithers

The Law Enforcement Training Committee will meet following the Board meeting today. The Committee met following the last Board meeting and discussed a waiver request from the National Park Service regarding our Law Enforcement Pre-Service training. Professor Tim Peabody of Unity College was in attendance.

The Committee feels there may be components of the Park Services training that are missing in order for the two trainings to be parallel. Ms. Debra Annese has the Park Service curriculum and will be reviewing it against our training.

The committee’s recommendation is to review a synopsis of equivalency for future review.

D. Corrections Training Committee: Director Gary LaPlante

Dir. LaPlante stated the Committee met last week and is continuing with work on lesson plans. Asst. Dir. Eric Parker met with the Committee regarding MOI. Dave Tyrol will finish the lesson plan on Programs & Services. The Committee will meet next in June and has six lesson plans to review at that time. Dir. LaPlante said that the volunteers working on current lesson plans will be invited to present their lesson plan at future meetings. The volunteers are all to be encouraged to attend upcoming meetings.

E. Policy Standards Committee: Chief Bradley Paul

Chief Paul stated the committee has nothing to report as of this date.

Item Seven on the Agenda: Report from Board Chairman

Chairman MacMaster said that he continues to work closely with the Complaint Committee, and that he also spent a considerable amount of time finalizing Board Policy #4 with the help of the Complaint Committee and Assistant Attorney General Dennis Smith.

Chairman MacMaster also reported attending the Maine Warden Service annual awards program on April 5 in Winslow, and noted that Major Gregg Sanborn received the Colonel’s Award.

Item Eight on the Agenda: Report from the Director

In light of Director Rogers’ absence, Asst. Dir. Parker presented the Directors report.

1. General Items:

• Kate Faragher Houghton and the MCJA Staff are still working through the criminal law blocks and other topics in the BLETP to write the lesson plans and update the curriculum. These meeting are going on regularly.

• In April, I attend an IADLEST conference at the Vermont Academy on the National Decertification Index (NDI). Currently, there at are30 states in the US participating in the NDI, although it is not mandatory. Maine will be the 31st state. I will go back to 1/1/2008 and enter the 92 individuals who have been decertified, voluntarily surrendered their certification or received a Board suspension of a certification. We can not enter Consent Agreements or any case dismissed by the Board. The NDI is only a “pointer index system,” in which a “hit” from an inquiring agency will only point them to MCJA for me to answer. I can still only release the final outcome per the statutory requirements. The 92 names will be entered starting next week along with others, from this date forward.

2. Basis Law Enforcement Training Program (BLETP):

• The 22nd BLETP started on January 17, 2012 and will end on May 18, 2011. The class started with 43 Cadets. A 3rd Cadet was disciplined by me since the last Board meeting 2 times and eventually terminated by his agency. We will graduate 40 Cadets on May 18, 2012 and I would encourage all Board members to attend, if possible. If you are attending, please let me know in advance, so I can arrange for reserved seating.

• I have included an invitation in the Board packet. (See memo in packet)

• As of today I have 76 names and John Doe slots for the 23rd BLETP in August. I have 4 out of the current 6 Cadre returning. I’m working on setting up interviews for the 2 vacant slots.

• Yesterday, there were 8 possible tuition candidates interviewed for the 23rd BLETP.

3. MCJA Budget Issues:

• I have great news. The legislature voted to include a $600K transfer from the General Fund to be placed in our Special Revenue account for FY13. This should take us through until June 30, 2013. I will still have to attempt to get a $600K +/- regular revenue stream from the General Fund in the next biennium budget.

• All of State government will be submitting a Zero Based Budget for the next biennium. I have completed this exercise and am ready.

• The new Use of Force simulator has arrived from Meggitt Training Systems, Inc. on 3/27/2012 with the Staff and Cadre trained as instructors. It has about 250 different scenarios, including some correctional officer scenarios. The new training tool is very high-tech and the class has really liked using it.

• I have done another analysis for the cost of the BLETP and as you can see the cost has risen 2.81%. I am recommending that the tuition student rate be raised from $9,000 to $9,400, effective 1/1/2013 to cover the cost. This will give them 8 months advance notice to advertise. (See handout)

• The price of the FY 13 food contract has also gone up 3.5% to $317,240.

• Need Vote of Board under New Business. I have also provided a handout with some other fee increases that I would recommend the following. (See handout)

1. Raise the BLETP tuition student rate from $9,000 to $9,400 (effective 01/01/2013 because of time needed to advertise )

2. Raise the meal cost from $7.00 per meal to $7.50 per meal (effective 07/01/2012)

3. Raise the salad meal cost from $3.75 per meal to $4.00 per meal (effective 07/01/2012)

4. Raise the Phase 2 LEPS from $100 to $250 (effective 07/01/2012)

5. Raise the law enforcement recertification from $100 to $250 (effective 07/01/2012)

4. Other Issues:

• Eric Parker has still been working very hard on getting the new Informa records management system up and running. The old system will be shut off any time now. All the final bugs are being worked on.

• Chairman MacMaster, Mr. Richard Davis and I taught in the New Chiefs/Sheriffs Seminar last month and I just wanted to publicly thank them. We had 14 new agency #1’s and #2’s in the class and we got very good reviews, as we always do.

• To cut costs for mailing and photocopying, would the Board be amenable to receive the Board packet via email, as a PDF document. If someone objects, I can individually send you a mailed copy. We will still have handouts for last minute items after the Board packet goes out.

• The Board annual report was finished on time and provided to the State Library and the Criminal Justice and Public Safety Committee as required. (See handout)

Major Gregg Sanborn of the Maine Warden Service entered the meeting at 9:45 a.m.

Following the Directors report, Asst. Dir. Eric Parker took questions from the Board members regarding the new FATS machine, physical fitness protocol, and upcoming cadre.

Asst. Dir. Parker clarified that agencies may conduct their own physical fitness tests without the assistance of an academy staff member. If and when an agency has a large number of people to be tested and would like assistance from MCJA, they may request it. When an agency conducts physical fitness testing as an employment screening, there is no fee charged. If the candidate taking the physical fitness exam would like the results to be entered into the MCJA database and to be valid one year from the exam date, there is a $35.00 fee.

Sgt. Joe Mills has been selected as the new permanent head cadre for the BLETP. Warden Bruce Loring will be returning for the next two years and Officer Jeremy Somma of Lewiston and Officer Melissa May of Westbrook will be returning for the next BLETP class. Sgt. Pat Hood will be replacing Sgt. Jim Urquhart in the upcoming class.

Item Nine on the Agenda: Old Business

1. In the matter of Patrick Gorham:

MOTION: To adopt the recommended decision of the hearings officer regarding Patrick Gorham.

Moved by Chief Bradley Paul and seconded by Mr. Richard Davis.

Motion carried.

2. Proposed consent agreement with the name of Keith Albee.

MOTION: To accept the recommendation of the Complaint Committee to propose an offer of this model consent agreement as opposed to a hearing to the nine of 13 officers who were reported as having not completed mandated training and who requested a hearing.

Moved by Ms. Linda Smithers and seconded by Ms. Roberta Tibbetts.

Motion carried.

3. Policy #4: Review and Disposition of Disqualifying Conduct

MOTION: To approve this policy with changes discussed.

Moved by Chief Bradley Paul and seconded by Ms. Linda Smithers.

Motion carried.

Item Ten on the Agenda: New Business

1. Election of officers:

Brian MacMaster – Chairman of the Board

Amy Berry – Vice-chair of the Board

Richard Davis – Secretary of the Board

MOTION: To adopt the election of the above listed members as officers of the Board and for the secretary to cast one ballot.

Moved by Chief Bradley Paul and seconded by Elizabeth Ward Saxl.

Motion carried.

2. Board packets.

A poll was taken by Chair MacMaster regarding Board members receiving Board packets via email in the future as opposed to regular mail. Board members agreed to this. Ms. Smithers would like to continue receiving a hard copy.

3. Proposed fee increases.

Chair MacMaster read the following MCJA fee increases as proposed by the Academy Director:

Effective January 1, 2013 increase BLETP Tuition Student fees from $9,000.00 to $9,400.00

Effective July 1, 2012 increase Phase II of the LEPS Class from $100.00 to $250.00

Effective July 1, 2012 increase Recertification Class from $100.00 to $250.00

Effective July 1, 2012 increase full meal ticket from $7.00 to $7.50

Effective July 1, 2012 increase salad ticket from $3.75 to $4.00

MOTION: To approve the above fee increases.

Moved by Chief Bradley Paul and seconded by Mr. Levon Travis.

Motion carried.

Chair MacMaster pointed out that state law requires approval of fees by the Commissioner of Public Safety.

MOTION: To move the Maine Criminal Justice Academy Board of Trustees into Executive Session pursuant to Title 1, section 405, subsection 6A, and Title 25, section 2806, subsection 8, to discuss confidential disciplinary matters.

Moved by Mr. Richard Davis and seconded by Det. Lincoln Ryder.

Motion carried.

The Board moved into Executive Session at 10:25 a.m.

The Board returned to Public Session at 11:34 a.m.

MOTION: In the matter of Cheryl Daniello, to accept the Complaint Committee’s recommendation to enter into a 3-year consent agreement that includes a reprimand and conditions of attending an ethics course approved by the Complaint Committee and that she successfully complete any court-ordered provisions of the deferred disposition.

Moved by Mr. Levon Travis and seconded by Det. Lincoln Ryder.

Motion carried.

MOTION: In the matter of Casey Dugas, to accept the Complaint Committee’s recommendation to take no further action.

Moved by Ms. Roberta Tibbetts and seconded by Det. Lincoln Ryder.

Motion carried.

MOTION: In the matter of Kimberly Anderson, to accept the Complaint Committee’s recommendation to revoke the Corrections certification.

Moved by Det. Lincoln Ryder and seconded by Mr. Richard Davis.

Motion carried.

Dir. Gary LaPlante abstained from the vote.

MOTION: In the matter of Mark Steele, to accept the Complaint Committee’s recommendation to grant a waiver for past disqualifying conduct in order to allow the applicant to attend law enforcement training and become certified.

Moved by Mr. Levon Travis and seconded by Ms. Linda Smithers.

Motion carried.

MOTION: In the matter of Peter Harris, to accept the Complaint Committee’s recommendation to take no further action.

Moved by Ms. Roberta Tibbetts and seconded by Mr. Richard Davis.

Motion carried.

MOTION: In the matter of Matthew Wilcox, to offer a consent agreement of a 3-year probationary certification and provisions to attend gambling addiction counseling approved by the Complaint Committee and a reprimand.

Moved by Det. Lincoln Ryder and seconded by Mr. Levon Travis.

Motion carried.

MOTION: In the matter of Jarad Carney, to accept the Complaint Committee’s recommendation to take no further action.

Moved by Ms. Roberta Tibbetts and seconded by Mr. Levon Travis.

Motion carried.

MOTION: In the matter of Gerard Brady, to accept the Complaint Committee’s recommendation to take no further action.

Moved by Det. Lincoln Ryder and seconded by Mr. Richard Davis.

Motion carried.

MOTION: In the matter of Alfred Winslow III, to accept the Complaint Committee’s recommendation to enter into a consent agreement that includes a 3-year probationary certification.

Moved by Ms. Roberta Tibbetts and seconded by Det. Lincoln Ryder.

Motion carried.

Ms. Elizabeth Ward Saxl opposed.

MOTION: In the matter of David Scenna, to accept the Complaint Committee’s recommendation to revoke the Corrections certification.

Moved by Mr. Levon Travis and seconded by Mr. Linwood Carman.

Motion carried.

Dir. Gary LaPlante abstained from the vote.

Let the record reflect that Chief Bradley Paul was not involved in the Scenna case.

MOTION: In the matter of Charles Ball, to accept the Board recommendation to take no further action.

Moved by Det. Lincoln Ryder and seconded by Mr. Levon Travis.

Motion carried.

MOTION: In the matter of Gordon Mank, to accept the Board recommendation to take no further action.

Moved by Mr. Richard Davis and seconded by Mr. Levon Travis.

Motion carried.

MOTION: To adjourn the Maine Criminal Justice Academy Board of Trustees Meeting.

Moved by Mr. Richard Davis and seconded by Mr. Levon Travis.

Motion carried.

Chairman MacMaster adjourned the meeting at 11:40 a.m. The next meeting is scheduled for 9:00 a.m. Friday, July 13, 2012 at the Maine Criminal Justice Academy in Vassalboro.

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Richard Davis, Secretary

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